actions.

(1) When there is uncertainty at the time of contract execution whether collection of information will be required, the following clause should be used:

FEDERAL REPORTS ACT

In the event that it subsequently becomes a contractual requirement to collect information from 10 or more public respondents, the Federal Reports Act shall apply to this contract and the Contractor shall obtain through the Contracting Officer the clearance and approval required by the act and implementing regulations. Funds shall not be expended and contacts shall not be made for the collection of data and information from public respondents until Office of Management and Budget approval is obtained and written notice of approval is given to the Contractor by the Contracting Officer.

(2) When preclearance approval has been obtained but final approval by the Office of Management and Budget has not been obtained, the following clause should be used:

FEDERAL REPORTS ACT

This contract is subject to the Federal Reports Act and has received preclearance by the Department and the Office of Manageinent and Budget but is subject to final approval. The Contractor shall not expend any funds or take any action whatsoever in soliciting data and information from any public respondent until the Contracting Officer has notified the Contractor in writing that Office of Management and Budget final approval has been obtained. The Contractor shall provide the Contracting Officer with any information that is necessary to obtain the final approval.

(3) When Office of Management and Budget approval has been obtained prior to contract execution, the following clause should be used:

FEDERAL REPORTS ACT

This contract is subject to the Federal Reports Act and the required clearances and approvals have been obtained. Office of Management and Budget report number

-has been assigned. Instructions concerning the application of the clearance will be provided by the Contracting Officer.

[38 FR 21496, Aug. 9, 1973]

(a) Policy. It is the general policy of the Department of the Interior that selected procurement actions be reviewed for legal sufficiency by the Office of the Solicitor prior to the time of execution.

(b) Implementation. Each bureau and office with contracting authority shall, in cooperation and consultation with the Office of the Solicitor, establish a review program to implement the basic policy prescribed in paragraph (a) of this § 14-1.352. This program is subject to the approval of the head of the bureau or office and the Associate Solicitor for General Law. The programs shall provide, as a minimum, the procedures for the flow of documents during the review process, dollar threshold for actions to be reviewed, type of documents to be reviewed, point or points during the development of the procurement action when review will be made, and time frames within which the review is to be completed. The prograins shall be published in the normal regulation or directive system of the procuring activity with assurance that all contracting officers are notified, and the requirements shall be rigidly enforced. Public notice in the FEDERAL REGISTER will be issued to identify the documents requiring legal review.

(c) Consultation. This policy does not alter in any way the right and responsibility of procurement officials to consult with legal counsel on any procurement action regardless of the dollar amount or other circumstances when, in their opinion, legal advice is required.

(d) Contracting officer's responsibility. Contracting officers are responsible for all procurement actions. If a contract or other document is determined by the Office of the Solicitor to be legally insufficient, and the issue cannot be resolved between the contracting officer and the legal reviewer, the contracting officer shall not execute or otherwise finalize such procurement action until the legal sufficiency is resolved by the head of the appropriate bureau or office and the Associate Solicitor for General Law. [40 FR 57671, Dec. 11, 1975]

§ 14-1.353 Deposit of publications.

(a) General. The Natural Resources Library, Office of Library and Information Services, is responsible for the systematic collection, preservation and exchange of publications that are developed within the Department as provided in Part 481 of the Departmental Manual. This section prescribes procedures which will assist the Natural Resources Library to accomplish its responsibilities. As used in this section, the term "publications" includes material and any works based thereon which are publishable or published.

(b) Requirement. Each contracting officer shall:

(1) Assure in cooperation with technical and programs personnel, that the number of copies of publications produced under any contract is sufficient to accommodate the distribution requirements of this section.

(2) Furnish to the Natural Resources Library two copies of each publication produced under any contract where the Department, including its bureaus and offices, is involved regardless of the source of financing or the authorship of the publication. This requirement includes publications that are produced as a result of research or any other work funded in whole or in part by the Department or a bureau or office.

(c) Exclusions. Specifically excluded from the requirements of this section are the following types of publications:

(1) Internal documents required for administrative or operational purposes which have no public interest, or educational, scientific, or research value.

(2) Classified publications and material otherwise marked against unauthorized disclosure.

(3) Tentative drafts such as preliminary planning reports that will appear later in revised or final form.

(4) All disclosure materials containing any description, description, specification, data, plan, or drawing of any unpatented invention upon which a patent application is likely to be filed unless an opinion by the Solicitor of the Department, or his duly authorized designee, has been rendered which finds that the interests of the Government will not be prejudiced by the action

called for by this section with regard to such disclosure materials.

(d) Procedures. Two copies of each applicable publication shall be sent to the Natural Resources Library with a transmittal that identifies the sender and the publication, and states that the publication is intended for deposit in the Natural Resources Library. If the document is a translation, the information required by 481 DM 1.3B shall be furnished. Publications shall be sent to the Natural Resources Library at the following address:

U.S. Department of the Interior, Office of Library and Information Services, Gifts and Exchanges Section, 18th and C Streets NW., Washington, D.C. 20240. [41 FR 26571, June 28, 1976]

Subpart 14-1.4-Procurement
Responsibility and Authority

SOURCE: 39 FR 43630, Dec. 17, 1974, unless otherwise noted.

§ 14-1.400 Scope of subpart.

This subpart provides references to delegations of authority contained in the Departmental Manual; establishes general criteria regarding redelegation of authority; and prescribes the requirements for the selection, designation, and termination of designation of contracting officer's representatives.

§ 14-1.401 Responsibility of the head of the procuring activity.

Except as may otherwise be specifically prescribed elsewhere, the head of each procuring activity (see § 14-1.206 of this chapter) has full responsibility for the procurement of personal property and nonpersonal services (including construction), and all related matters, under the cognizance of his activity.

§ 14-1.402 Authority of contracting offi

cers.

(a) The authority of the Secretary with respect to all matters relating to procurement of personal property and nonpersonal services (including construction) has been delegated to Secre

tarial officers and to the heads of bureaus and other Departmental offices by 210 DM 1 and 205 DM 11, respectively, of the Departmental Manual, subject to the limitations prescribed therein.

(b) Redelegation of authority to other contracting officer positions will be subject to the applicable limitations of 205 DM 11 and 210 DM 1 of the Departmental Manual and this chapter (41 CFR Part 14).

(c) In determining the extent to which authority should be redelegated, the following factors should be considered: Volume of procurement program; presence of, or capability of obtaining, adequately trained personnel; availability of existing offices where the functions, if transferred, could be better exercised; consolidation of small procurement programs and offices with larger program operations and offices on a geographical basis; and the overall strengthening of the procurement process by the selection of qualified personnel.

[39 FR 43630, Dec. 17, 1974; 40 FR 2812, Jan. 16, 1975]

§ 14-1.404 Selection, designation, and termination of designation of contracting officers.

Contracting officers shall be selected, designated as such, and their designation terminated as provided in § 11.404 of this title and this § 14-1.404.

§ 14-1.404-1 Selection.

In addition to the requirements in § 1-1.404-1 of this title, the following actions are to be taken before a person is selected as a contracting officer:

(a) Any position description which includes contracting officer functions shall contain a clear statement of the contracting officer duties, responsibilities and functions.

(b) An affirmative showing must be made that the person selected as a contracting officer does in fact meet the requirements of the position and has a demonstrated capacity to perform those duties, responsibilities, and functions.

§ 14-1.404-2 Designation.

(a) It is the Department's policy to delegate and redelegate authority to positions rather than to individuals. (Also see § 14-1.402 of this chapter.) (b) Persons appointed to designated contracting officer positions, or anyone designated to act for them in their absence, must exercise their duties and responsibilities in respect thereto in conformity with the authority given.

§ 14-1.404-3 Termination of designation.

The procurement authority, delegated or redelegated, may be terminated by the delegator for any reason. Failure to comply with all applicable requirements, statutes, regulations, executive orders, and limitations on the scope of authority to be exercised may warrant termination of the delegation. of authority or the designation of contracting officer.

§ 14-1.450 Contracting officer's representatives.

§ 14-1.450-1 Designation.

(a) A contracting officer may designate a person to act as his authorized representative to administer a contract subject to the limitations of § 141.450-2 of this chapter.

(b) The contracting officer shall ensure that the person designated to act as his authorized representative possesses the necessary qualifications and experience.

(c) Generally, a contracting officer's representative shall be designated by name and position title, but when it is not feasible to make the designation in that manner the title only may be used.

(d) Each designation of a contracting officer's representative shall be in writing and shall clearly define the scope and limitations of the authority of the representative. Changes in the scope and limitations of authority may be accomplished either by issuance of a new designation or by an amendment to the existing designation. When the same representative is to act for the contracting officer on more than one contract, a separate designation for each contract or a general designation may be issued.

(e) A designation of a contracting officer's representative shall remain in effect throughout the life of the contract concerned unless revoked sooner by the contracting officer.

[39 FR 43630, Dec. 17, 1974; 40 FR 2812, Jan. 16, 1975]

§ 14-1.450-2 Limitations of authority.

A contracting officer's representative may act for the contracting officer in administering a contract but shall not be empowered to award, agree to, or execute any contract or modification thereto, or in any way to obligate the payment of money by the Government, to make a final decision on any matter which would be subject to appeal under the disputes clause of the contract, or terminate for any cause the contractor's right to proceed.

§ 14-1.450-3 Termination of designation.

Every termination of designation of contracting officer's representative shall be made in writing and may not operate retroactively.

§ 14-1.450-4 Documentation and acknowledgment.

Two copies of each designation or revision thereof or termination of designation shall be furnished to the contractor by the contracting officer. The contractor shall be required to acknowledge receipt thereof on one copy and return it to the contracting officer for retention.

Subpart 11–1.6—Debarred, Suspended and Ineligible Bidders

SOURCE: 35 FR 225, Jan. 7, 1970, unless otherwise noted.

§ 14-1.600 Scope of subpart.

This subpart prescribes Interior procedures for debarring or suspending bidders and the establishment, use, and maintenance of a debarred, suspended, or ineligible bidders list.

§ 14-1.602 Establishment and maintenance of a list of firms or individuals debarred, suspended, or declared ineligible.

The Office of Administrative and Management Policy shall maintain a consolidated list of firms and individuals debarred or suspended as required by § 1-1.602 of this title. The list and all correspondence relating thereto are not to be disclosed to the public. The list will show the authority for and terms of the debarment or suspension.

§ 14-1.603 Treatment to be accorded firms or individuals in debarred, suspended, or ineligible status.

(a) Administration of current contracts in all phases may be continued, and payment of funds due may be made, notwithstanding the listing of a contractor, unless otherwise directed by the Assistant Secretary-Policy, Budget and Administration. The Assistant Secretary-Policy, Budget and Administration, when he considers it in the public interest, may approve the award of a contract to a firm or individual debarred or suspended when such approval is requested by the head of a bureau or office.

(b) Contracting officers may, in their discretion, solicit bids or proposals from and award contracts to firms or individuals found to be ineligible under the Walsh-Healey Act, as provided in § 1-1.603(d) of this title.

§ 14-1.604 Causes and conditions applicable to determination of debarment by an executive agency.

(a) Debarment for any of the causes set forth in § 1-1.604(a) of this title shall be made only by the Assistant Secretary-Policy, Budget and Administration. Whenever cause for debarment becomes known to the head of a bureau or office or a contracting officer thereof, the matter shall be submitted with the recommendations of the head of the bureau or office to the Assistant Secretary-Policy, Budget and Administration for appropriate action.

(b) The removal or extension of a debarment as set forth in § 1-1.604(c) of this title shall be made only by the

Assistant Secretary-Policy, Budget and Administration.

§ 14-1.604-1 Procedural requirements relating to the imposition of debarment. (a) The Assistant Secretary-Policy, Budget and Administration, in seeking to debar a firm or individual (or any affiliate thereof) for cause, shall furnish that party with a written notice of intent to debar, sent by registered mail, return receipt requested: (1) Setting forth the reasons for the proposed debarment, (2) giving the party an opportunity to submit evidence, within thirty (30) calendar days after receipt of the notice of intent to debar, and (3) advising that the party will be accorded a hearing if requested. Whatever response is received to the notice of intent to debar will be considered in determining whether debarment is justified. If no response is received to the notice of intent to debar within the time specified, a determination on the debarment action will be made on the information available. Where a reply is received to the notice of intent to debar and evidence to refute debarment action is furnished but no hearing is requested, the information furnished will be considered in determining the action to be taken.

(b) If a hearing is requested it shall be conducted by the Assistant Secretary-Policy, Budget and Administration or his designee. The hearing will be held at a location convenient to the parties concerned as determined by tne Assistant Secretary-Policy, Budget and Administration and on a date and at a time stated. Subject to the provisions of 43 CFR Part 1, the firm or individual against whom the debarment action is taken may be represented by a duly authorized representative. Witnesses may be called to testify by either party. The hearing shall be conducted expeditiously and in such a manner that each party will have a full opportunity to present all information considered pertinent to the hearing. A transcript of the hearing will be made and one copy will be furnished free to the party sought to be debarred. From the record established by the hearing, or if no hearing is held, upon the information submit

ted by the parties, the Assistant Secretary-Policy, Budget and Administration shall determine whether debarment should be effected or the matter dismissed. The Assistant Secretary— Policy, Budget and Administration shall advise the firm or individual in writing of this final decision within a reasonable time after the hearing is concluded. The notice imposing debarment will be sent by certified mail, return receipt requested. It will set forth the scope and period of the debarment together with the reasons for the debarment. The imposition of debarment upon a firm or an individual shall be final and conclusive except that the party debarred may seek relief in a court of competent jurisdiction.

§ 14-1.605 Suspension of bidders.

§ 14-1.605-1 Causes and conditions under which executive agencies may suspend contractors.

(a) All actions required by § 1-1.6051 of this title shall be taken by the Assistant Secretary-Policy, Budget and

Administration.

§ 14-1.605-4 Notice of suspension.

(a) All actions required by § 1-1.6054 of this title shall be taken by the Assistant Secretary-Policy, Budget and

Administration.

§ 14-1.606 Agency procedure.

(a) When in his opinion the facts warrant debarment or suspension, the head of the bureau or office concerned will submit the following to the Assistant Secretary-Policy, Budget and Administration for appropriate action:

(1) The recommendation for debarment or suspension with a statement of the causes or conditions as set forth in §§ 1-1.604 and 1-1.605-1 of this title, (2) The suggested term of debarment or suspension, and

(3) All other documentary evidence to support the recommendation.

Subpart 14-1.7—Small Business Concerns

SOURCE: 37 FR 20027, Sept. 23, 1972, unless otherwise noted.